Direct Access & Licensed Access Instructions

Tax Barrister

Tax Barrister can be instructed directly by individuals and professionals under the Bar Direct Access and Licensed Access scheme, which allows the company, in appropriate cases, to work without a solicitor or accountant. This can save on costs and enable you to engage directly with a Tax Barrister with the specialist expertise you need. Tax Barrister is also licensed to conduct litigation.

What next?
Request a call-back or make a no-obligation enquiry today by contacting Tax Barrister on 020 3576 1203 or completing the confidential contact us form below with a brief outline of your case. Tax Barrister will respond with advice on how you can be assisted and provide initial cost estimates.

Licensed Access & Public Access Barrister

Are you or your clients dealing with a partnership issue or dispute?

Would you prefer to work directly with Tax Barrister who can provide both advisory and litigation support on your case?

Instructing Tax Barrister directly can save you time and money and give you consistent legal advice throughout the legal process of resolving your dispute.

Direct Access barrister costs

What is Licensed Access and Public Access?

Tax Barrister can be instructed directly by members of the public, accountants and tax practitioners.

Why use a Direct Access or Licensed Access BSB regulated entity?

The advantage of Direct Access or Licensed Access is that, for the right cases, you can save both time and expense as you are only paying for the services of one legal professional to represent you.

If you feel able to conduct work required on your case that would otherwise be done by a solicitor (e.g. collate documents, complete forms, collect evidence) choosing Direct Access might be a good option for you. If your case is not suitable for the Direct Access scheme, Tax Barrister will be able to recommend another specialist to assist you. However, Tax Barrister is also licensed to conduct litigation, and in appropriate circumstances Tax Barrister will be able to assist you in the overall preparation for court and tribunal proceedings (see Conducting-Litigation.pdf (barstandardsboard.org.uk)).

You can find more information about the Public Access scheme on the Bar Standard Board’s Guidance for Lay Clients document, which is available from their website here.

How to instruct a Direct Access or Licensed Access BSB regulated entity:

1. Get in touch
Using the contact form, outline the key aspects of your case. Tax Barrister will then review your information and advise if you can be assisted. You will also receive an approximate fee estimate so that you can decide if you wish to proceed further. However, it is also possible to ask for a fixed quotation for the work.

2. Confirm that you wish to proceed
Once you have confirmed in writing that you want to go ahead, Tax Barrister will request further information to confirm that your case is suitable for Public Access.

3. Accept the Public Access terms of engagement
Once it has been confirmed that your case is suitable for Public Access, the Tax Barrister will contact you to:

Provide a formal fee quote (which may be based on an hourly rate, fixed fee or a conditional fee). Fees are payable in advance
Provide the written terms of engagement
Request that you supply ID for anti-money laundering purposes
Agree a turnaround time for the work
Outline Hickey Law’s availability to attend a court or tribunal hearing or meeting (whether virtual or otherwise)

4. Working together
With many years of experience dealing with both solicitors, accountants and Direct Access clients, Tax Barrister, acting by Julian Hickey is well-known for his discretion, practical thinking and approachable style. Tax Barrister will work with you to understand every aspect of your case and keep you updated as your case progresses.

What work can’t a BSB regulated entity complete on a Direct Access case?

The rules on Direct Access mean that a BSB regulated entity is not allowed to do any of the following unless authorised to conduct litigation (which Hickey Law is authorised to do):

Engage in correspondence on your behalf
Take responsibility for the general management of your case
Make or arrange payment of any court fees, expert’s fees or witnesses’ expenses. A BSB entity and Barrister are not permitted to hold client money. However, it is possible to use a regulated third-party escrow payment service for payments related to their services, as an alternative to a solicitor’s client account. Clients deposit funds into the escrow account, and the service releases the money to the barrister or BSB entity once their fees become due and conditions are met
Issue proceedings, file documents at court or serve documents on other parties
Investigate a case or collect evidence

Fees are usually calculated according to the complexity of the case and the length of time involved in dealing with it, and the experience of the person advising on the matter. Once you have outlined the main facts of your case and Tax Barrister has seen key documents relating to it, then Tax Barrister will give you an estimate of costs and consideration of prospects of success. Once costs are agreed, Tax Barristers’s fees must be paid in advance.

Currently, public funding (Legal Aid) cannot be used to instruct a barrister or a BSB entity direct.

Direct instruction by professional clients (Licensed Access)

Under the Bar Council’s Licensed Access Scheme, barristers and BSB regulated entities such as Tax Barrister can be instructed directly by members of the following professional bodies without the need for a solicitor as an intermediary:

Association of Authorised Public Accountants
Association of Taxation Technicians
Chartered Association of Certified Accountants
Chartered Institute of Management Accountants
Chartered Institute of Taxation
Insolvency Practitioners Association
Institute of Chartered Accountants
Institute of Financial Accountants
Institute of Indirect Taxation
Royal Institution of Chartered Surveyors

Conducing Litigation

Under the terms of the license, members of these professional bodies can instruct BSB regulated entities direct on cases either relating to their own affairs or on behalf of their clients.

Tax Barrister is licensed to conduct litigation. For further information see: Conducting-Litigation.pdf (barstandardsboard.org.uk).

Tax Barrister can provide assistance in relation to:

the issuing of proceedings before any court in England and Wales;
the commencement, prosecution and defence of such proceedings; and
the performance of any ancillary functions in relation to such proceedings (such as entering appearances to actions).

The BSB’s view is that the following fall within the definition of the conduct of litigation, and therefore a barrister or regulated entity should refuse to do them if they are not authorised to conduct litigation (Tax Barrister carries the necessary authorisations):

issuing proceedings or applications (beginning court proceedings by filing details of the claim, such as the Claim Form and Particulars of Claim, at court, or making an application for a court order);
filing an acknowledgement of proceedings;
giving their address as the address for service of documents;
filing documents at court or serving documents on another party;
issuing notices of appeal (informing the court and the other side that the unsuccessful party seeks a review of the case);
signing off on a list of disclosure (so that all parties know of all documents which have a bearing on the case); and
laying of an information in a Magistrates’ court.

If a barrister or BSB regulated entity is authorised to conduct litigation:

They must within an agreed timescale, or within a reasonable period of time, comply with any undertaking they give in the course of conducting litigation (Rule C11 in the BSB Handbook);
This does not affect the prohibition on receiving or handling clients’ money, except as payment for fees (Rule C73 – C75). The prohibition means that a barrister or BSB regulated entity cannot make disbursements on behalf of a client; for example, by paying court fees or witnesses’ expenses;
They must, if they are of less than three years’ standing, have a ‘qualified person’ for conducting litigation at their principal place of practice or, if they are practising in a dual capacity, at each of their principal places of practice (Rule S20.2).
This does not affect the prohibition on undertaking the general management, administration or conduct of a client’s affairs (Rule S25); and
They may act as a ‘professional client’ i.e. instruct another barrister on behalf of a client. The definition of ‘professional client’ in the BSB Handbook states that ‘any BSB authorised person who is authorised to conduct litigation’ may give instructions to a barrister.

GET IN TOUCH

If you would like to discuss your tax situation, and you feel that a Direct Access or Licensed Access barrister can assist you with legal advice and representation then please don’t hesitate to get in touch with the clerks using the contact form.

TESTIMONIALS

Julian Hickey is an excellent advocate who is patient with the client and highly professional in court.

Julian’s depth of knowledge and sharp analytical skills are second to none, enabling him to tackle complex legal issues with confidence and clarity. His responsiveness and cheerful demeanour make working with him both efficient and enjoyable, fostering a sense of trust and collaboration. Notably, Julian excels in providing top-tier advocacy under pressure, consistently delivering persuasive arguments and maintaining composure in high-stakes environments.

"Julian is a fantastic barrister displaying great intelligence, agility and strategic thinking on complex tax cases. He always puts the interest of the client first and is successful at creating the best possible outcome in any situation. Highly recommended.”

“… I want to pass on a big thank you for the complicated tax work Julian Hickey has concluded for me at this stage. … Various tax advisers were used over a number of years with very little movement from HMRC costing huge sums of money in addition to the stress. … I emailed 3 tax barristers including Julian Hickey explaining 8/9 points of dispute … Julian went through in detail all the issues in a simple method that I understood and followed with ease. He called me regularly out of hours, weekends and even worked on my case whilst on holiday. HMRC listened to Julian Hickey agreeing to a number of points substantially reducing the tax exposure by more than 50%. … Julian Hickey's presence in any negotiations will be listened to and respected with his calm and concise nature …"

Julian has been patient, insightful and most importantly technically brilliant. Our inhouse team has learnt immensely from Julian’s input into our complex case. Whilst no one wishes for litigation, we know who we will use in any future matters – he is always thoroughly prepared and put our case clearly and robustly

Julian Hickey is an exceptional advocate. He combines strong written submissions with impressive courtroom skills. He is able to adapt quickly and think on his feet in challenging situations. His technical knowledge in tax litigation is outstanding, particularly in cases involving HMRC disputes. He is also a pleasure to work with—personable, approachable, and highly respected in the sector.

Julian Hickey - Exchequer Chambers 'He is an excellent advocate, with a knack of distilling down complex arguments for consumption.'

“Julian is a pleasure to work with, responsive and practical in dealing effectively with the issues arising. He has a deep and broad-based technical knowledge, extending to other areas of law relevant when considering tax matters. His thorough and highly professional approach in preparing for litigation is reflected in both the written submissions and well-conceived and fluent advocacy.”

“Julian’s ability to explain complex tax technical arguments in a straightforward way was very beneficial to me and the other advisers. His advocacy skills are first class and he is great to work with.”

“In addition to being very able technically Julian has a good understanding of practical in-house issues. He is a lawyer with great integrity and will not hesitate to advise you that something does not work. In my experience, this is not a quality found in all lawyers!”

“Thanks so much for the detail [in the note of advice], in my 20-year tax career the best email I have ever read.”

“I have used Julian as tax counsel for my clients and also as a second review for the tax technical aspects of client work since starting my own, independent tax consultancy. I find Julian highly accessible and user friendly in his role as counsel. His advice is efficient, to the point and includes decisive recommendations of the best way to proceed in any given client scenario. Julian has a wide-ranging knowledge of tax and, often more importantly, general legal issues. This is highly valued by me and my clients alike. My clients are most often engaged in complex transactions. Julian’s advice is always commercially-focused and this is essential for my client base. His personable approach also ensures my clients like him as well as his advice.”

“I worked with Julian on a number of projects and his analysis was both of a very high technical standard and commercially astute.”

“Julian is a hugely capable and experienced tax lawyer, besides being charming and great fun to work with.”

“Having appeared in Court against Julian, I can say he is an excellent solicitor-advocate, and knows his tax law inside out. I would be very happy to recommend him for tax advisory and litigation work.”